Guantanamo detainees' appeals in Washington DC Courts
Guantananmo detainees have been allowed to initiate appeals in Washington DC Courts since the passage of the Detainee Treatment Act of 2005 (DTA) closed off the right of Guantanamo captives to submit new petitions of habeas corpus. It substituted a right to a limited appeal to Federal Courts of appeal in Washington DC. The Act allowed detainees to challenge whether their Combatant Status Review Tribunals had correctly followed the rules laid out by the Department of Defense. After the passage of the Military Commissions Act of 2006 (MCA) closed down the pending habeas corpus cases, attorneys for the detainees initiated both a challenge to the constitutionality of the MCA's stripping of the right to habeas corpus; and they started initiating the appeals in the DC Federal Courts of appeal allowed by the DTA. June 2008 rulings On June 12, 2008, in Boumediene v. Bush, the United States Supreme Court ruled the Combatant Status Review Tribunals provided the detainees with insufficient protection, and re-opened the detainees' access to file habeas corpus. On June 23, 2008, a three judge panel reviewed the evidence used to justify Parhat's designation as an "enemy combatant" and ruled that he had never been an enemy combatant after all. mirror Bush Presidency response On July 21, 2008 United States Attorney General Michael Mukasey called on the Congress to pass legislation controlling how judges would review the detainees' habeas petitions. mirror Mukasey was seeking to have the legislation control what evidence should be made public, and to proscribe releasing any of the detainees within the USA. January 2009 ruling On January 9, 2008, Douglas H. Ginsburg, writing for the panel, ruled that the court would not hear any additional DTA appeals. mirror : Detainees who filed appeals in Federal Court |- | 295 || Abdul Semet || || * By August 18, 2008, both unclassified and classified returns prepared in response to a 2007 DTA appeal. |- | 320 || Hozaifa Parhat || Parhat v. Gates || * On June 23, 2008, a three judge panel reviewed the evidence used to justify Parhat's designation as an "enemy combatant" and ruled that he had never been an enemy combatant after all. |- | 328 || Hammad Memet || || * By August 18, 2008, both unclassified and classified returns prepared in response to a 2007 DTA appeal. |- | 433 || Jawad Jabbar Sadkhan Al-Sahlani || Case No. 07-1149 || : |- | 584 || Adel Noori || || no factual returns, other than one through a FOIA request filed by the Associated Press. |- | 684 || Mohammed Abdullah Taha Mattan || || *On July 18, 2008, Sozi P. Tulante filed a Status Report that states a DTA appeal was initiated on his behalf. mirror * By August 18, 2008, both unclassified and classified returns prepared in response to a 2007 DTA appeal. |- | 841 || Hani Saleh Rashid Abdullah || || * On 18 July 2008 Charles H. Carpenter filed a Status Report where he wrote that Abdullah had a DTA appeal filed on his behalf. mirror |- | 968 || Bismullah || Bismullah v. Gates || *Bismullah's case has been the subject of multiple filings as to the scope that detainees' attorneys should be given to the material behind the summarized allegation. |- | 975 || Karim Bostan || || * On July 18th 2008 when Michael Caruso re-initiated Bostan's habeas petition he stated that he had an outstanding DTA appeal. |- | 10020 || Majid Khan || || : |} References Category:United States habeas corpus case law *